Former Framingham HR director drops lawsuit

Friday

May 25, 2012 at 12:01 AMMay 25, 2012 at 9:20 AM

Former Human Resources Director Sandra Charton’s court case against the town is over — but the dispute isn’t. Charton’s attorney, Tim Burke, filed a stipulation of dismissal with prejudice notice Tuesday in Norfolk Superior Court, dropping all charges just two weeks before Charton was due to take the Town of Framingham and former Town Manager Julian Suso to trial.

Danielle Ameden/Daily News staff

Former Human Resources Director Sandra Charton’s court case against the town is over — but the dispute isn’t.

Charton’s attorney, Tim Burke, filed a stipulation of dismissal with prejudice notice Tuesday in Norfolk Superior Court, dropping all charges just two weeks before Charton was due to take the Town of Framingham and former Town Manager Julian Suso to trial.

“This case never should have been brought and now it is clear that they’re afraid to face a jury,” Suso’s attorney Leonard H. Kesten said yesterday. “We’re disappointed because we wanted this opportunity to clear Mr. Suso’s name, but it will be cleared this fall.”

Charton, who claims she was wrongfully fired in 2009, is still proceeding with a complaint with the state Commission Against Discrimination.

A public hearing is now scheduled for Sept. 18.

Burke yesterday said dropping the lawsuit was strategic and not a surrender.

“Basically we have a choice between one forum or the other, the MCAD or a jury, and the reality is that the MCAD is much better equipped to evaluate discrimination cases,” Burke said.

“This is to our benefit,” he added, “and we will see at the end of the case who has what I consider to be clear-cut evidence of discrimination, disparate treatment.”

Charton claims Suso retaliated against her after she challenged his decisions on employee layoffs during a budget crisis, arguing letting go of people in protected classes could violate federal anti-discrimination laws.

The town is now defending two lawsuits stemming from that round of layoffs.

Earlier this month, Nereida Otero filed an amended complaint in Middlesex Superior Court, claiming she was let go because she was a disabled Hispanic woman over 40.

A former Board of Health sanitarian, James Starbard, also has a case against Framingham over his 2009 layoff.

Charton’s lawsuit hinged on a claim that Suso and the town violated the state’s Whistleblower Act in firing her.

The town argued that Suso axed Charton because of insubordination and unprofessional conduct.

A final hearing before the planned June 6 jury trial had been scheduled for yesterday.

The MCAD’s public hearing could take days.

“Ms. Charton will call her witnesses, we will call our witness and the hearing officer will make a decision, which will be a recommendation to the commission,” Kesten said.

“I look forward to having the opportunity for an objective fact-finder to review this case and I’m absolutely convinced we’ll be successful,” Burke said.

(Danielle Ameden can be reached at 508-626-4416 or dameden@wickedlocal.com. Follow her on Twitter @DanielleAmeden.)

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